3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the petitioner's double jeopardy claim was waived by her negotiated guilty plea, and her ineffective assistance of counsel claim was not supported by the record.
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Levert Stewart, an inmate convicted in Duval County, Florida, filed a federal habeas petition challenging his conviction for attempted second-degree murder and firearm possession, claiming his trial and appellate counsel provided ineffective assistance in various respects. The di
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M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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The court held that the petitioner failed to show the state court's decision denying a continuance was contrary to or an unreasonable application of clearly established federal law.
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M.D. Fla.·
2023-05-26
The court held that the applicant failed to exhaust administrative remedies, and his underlying due process claim also lacked merit.
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M.D. Fla.·
2023-05-26
A federal prisoner challenging the validity of his conviction or sentence must file a motion under 28 U.S.C. § 2255 in the sentencing court, not a petition for a writ of habeas corpus under 28 U.S.C. § 2241, unless the § 2255 remedy is inadequate or ineffective.
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Fla.·
2023-05-25
The Florida Supreme Court affirmed the denial of a death row inmate's postconviction relief motion, holding that recent U.S. Supreme Court decisions on intellectual disability and jury findings for death penalty eligibility do not apply retroactively to his case. The court also d
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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Fla. 1st DCA·
2023-05-24
A prisoner's pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process warranting sanctions, including potential prohibition of pro se filings.
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Fla. 5th DCA·
2023-05-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings may be barred from future pro se filings in a particular case to conserve judicial resources.
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The court held that the movant's motion to vacate his sentence under 28 U.S.C. § 2255 was untimely because it was filed outside the one-year statute of limitations. The court further held that recent Supreme Court decisions did not establish a newly recognized right applicable to
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William Henry Brown sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 Florida conviction for second-degree murder and drug possession while armed, raising claims of ineffective assistance of counsel, trial court error, and prosecutorial misconduct. The fed
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The court held that the petitioner's claims were procedurally defaulted or meritless, and the state court's decisions were not contrary to or an unreasonable application of federal law.
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The court denied the habeas corpus application because the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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A Florida prisoner was convicted of aggravated battery and assault following a jury trial for a violent altercation with his ex-girlfriend, and the federal district court denied his habeas corpus petition, finding that most of his claims were either procedurally barred for failur
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The court held that the petitioner's claim regarding the statute of limitations is not cognizable on federal habeas review because it is an issue of state law and is procedurally barred due to failure to exhaust state remedies.
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Fla. 3d DCA·
2023-05-03
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Fla. 3d DCA·
2023-05-03
A trial court must provide advance notice to a defendant, through counsel, that his presence in court is required before issuing a bench warrant.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish a gateway claim of actual innocence.
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Fla. 3d DCA·
2023-04-26
The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe
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The court held that claims based solely on state law are not cognizable in federal habeas corpus review, and that ineffective assistance of counsel claims must meet the Strickland standard.
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The petition for habeas corpus relief is denied because the petitioner has not been detained beyond the presumptively reasonable period and has not shown a lack of significant likelihood of removal.
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Fla. 3d DCA·
2023-04-19
A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus that collaterally attacks a judgment and sentence imposed in a different judicial circuit.
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Fla. 3d DCA·
2023-04-19
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The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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Shaun Whitt, a Florida inmate convicted in 2014 of sexual battery against a minor, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising five claims including exclusion of evidence about prior abuse, ineffective assistance of counsel regarding his decision n
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The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 1st DCA·
2023-04-12
A trial court's pre-trial detention order is legal and not subject to discharge on habeas corpus when the defendant has violated a condition of release and the court exercises its statutory discretion under Florida Statute § 907.041(4)(c)7 to find that no conditions of release ca
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Fla. 4th DCA·
2023-04-12
Pre-judgment contempt orders are appealable as nonfinal orders only if the sanction falls within the enumerated subsections of Florida Rule of Appellate Procedure 9.130(a)(3); a finding of contempt alone does not qualify.
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Fla. 4th DCA·
2023-04-12
The appellate court clarified the appealability of pre-judgment contempt orders. It held that such orders are only appealable as nonfinal orders if the sanction imposed falls within specific categories listed in Florida Rule of Appellate Procedure 9.130(a)(3). Otherwise, review m
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The court held that most of Petitioner's claims were procedurally defaulted or not cognizable on federal habeas review, and the remaining claims were denied on the merits under AEDPA deference.
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The court held that the petitioner's Miranda claim is procedurally defaulted and barred from federal habeas review because it was not exhausted in state court and no exceptions apply.
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The court held that the state court's denial of the petition for writ of habeas corpus was not contrary to or an unreasonable application of federal law, and the factual findings were reasonable.
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The court held that a federal habeas petition filed after the expiration of the one-year limitations period under AEDPA, which was not tolled by an untimely state postconviction motion, is time-barred.
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The federal habeas petition is dismissed as time-barred under AEDPA because the petitioner failed to file within the one-year limitations period, and no tolling or exceptions applied.
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was objectively reasonable and did not violate federal law.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-03-29
The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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Fla. 3d DCA·
2023-03-24
A trial court lacking probable cause to order drug testing cannot use the positive test result to revoke bond conditions, and probable cause to order drug testing requires either sworn authentication of an informant's tip with corroboration, or personal observation of impairment
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Fla. 4th DCA·
2023-03-22
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The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and thus denied the petition for writ of habeas corpus.
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The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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M.D. Fla.·
2023-03-08
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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The federal court denied the habeas petition, finding the state court's adjudication of the claims was not contrary to federal law or an unreasonable determination of facts.
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The court held that the petitioner's claims were either procedurally barred, not substantial enough to overcome procedural default, or that the state court's adjudication was not contrary to federal law or an unreasonable determination of facts.
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The court held that the petitioner failed to exhaust his claim regarding the sufficiency of a mental health evaluation because the issue of whether Baker Act materials should have been considered was never presented to the state courts.
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Tyrone D. Blackshear, Sr., an inmate convicted in Clay County, Florida of lewd or lascivious battery and molestation of his stepdaughter, filed a federal habeas petition challenging his conviction on multiple grounds including ineffective assistance of trial and appellate counsel